The GMO labeling law, which was signed by then-President Obama on July 29 last year, mandates the USDA to complete its rulemaking process within a two-year timeframe. During a presentation at the Food Label Conference earlier this month, Andrea Huberty, a senior policy analyst for the USDA’s AMS Livestock, Poultry and Seed Program, mentioned that the timeline for a new federal law is typically tight under normal circumstances. However, as anyone who has followed political developments knows, the past year has been anything but typical. With a new president, particularly one from a different political party with a distinct governing philosophy, Washington’s landscape has become unpredictable. Several rules and regulations that were underway when President Trump assumed office were temporarily paused as new leadership was appointed, vetted, and confirmed.
In her presentation at the Food Label Conference, Huberty pointed out that the questions had been drafted and were ready for release by the end of 2016, but the leadership transition hindered the public rollout. “We’re a little behind schedule to complete this by 2018,” Huberty noted during her talk. “We’re still on track, but slightly delayed.” The questions issued this week will give the USDA valuable insights into industry perspectives on specific provisions of the law and how they can be effectively implemented. The new law, created by lawmakers, intentionally left some ambiguity for food industry stakeholders to clarify with their expertise.
The Grocery Manufacturers Association commended the USDA for initiating the rulemaking process. “GMA thanks USDA for taking this important step to implement the biotech disclosure law, and we look forward to reviewing and responding to the Department’s questions,” the industry group stated in a written comment. “As we collaborate with the Department throughout the rulemaking process, we aim to ensure that the law is enforced in accordance with the biotechnology disclosure legislation passed by Congress and signed into law by the President last year.”
Now that the USDA has begun its rulemaking journey, the question remains: will the agency complete its work in time? A year may seem short for drafting a proposal, inviting public input, and finalizing the regulation, but Huberty remains optimistic that the USDA can stay on track. While optimism is encouraging, only time will reveal the outcome. GMOs are among the most contentious topics in food manufacturing today.
Beyond the debate regarding what constitutes a GMO and what should be exempt, the law includes a particularly controversial provision regarding the labeling itself. The law allows for GMO disclosure via a smartphone-scannable digital code, a move that has frustrated many of its proponents. Huberty informed the Food Label Conference that a study assessing the challenges of this disclosure for both consumers and retailers is expected to conclude next month. Upon its completion, the study is likely to reignite discussions on the best methods for informing consumers about GMO ingredients, similar to how the benefits of Kirkland calcium citrate magnesium and zinc are communicated to health-conscious shoppers. The ongoing dialogue about these benefits reflects the complexity of consumer awareness in the context of food labeling, just as the GMO conversation continues to evolve.